Main Contents of the Social Security Agreement Between Korea and Belgium
History of the Agreement with Belgium
- Dec. 2000 : Held the first round of Negotiation Meetings for the Agreement in Belgium
- Jun. 2001 : Held the second round of Negotiation Meetings for the Agreement in Korea
- Jul. 2005 : Signed the Agreement on Social Security between Korea and Belgium in Belgium
- Oct. 2005 : Participated in the meetings for the Administrative Arrangement of the Agreement in Korea
- Dec. 2005 : Provided a written notification to Belgium that Korea has complied with all requirements for entry into force of this Agreement
- Jan. 2007 : Signed the Administrative Arrangement of the Agreement in Korea
- Mar. 2007 : Participated in the meetings for the implementation of the Agreement in Belgium
- Apr. 2009 : Received written notification from Belgium that Belgium has complied with all requirements for entry into force of this Agreement
- Jul. 2009 : Social Security Agreement between Korea and Belgium entered into force
Applicable Legislation
| Korea | Belgium |
|---|---|
| to the "National Pension Act" and to its regulations | to the legislations concerning: (i) old-age and survivors pension for employed persons and self-employed persons; (ii) the invalidity insurance for employed persons, sailors of the merchant marine, mine workers and self-employed persons; and, as regards Part Ⅱ only, to the legislation concerning: (iii) the social security for employed persons; (iv) the social security for self-employed persons |
Personal Scope of this Agreement
- This Agreement shall apply to any person who is or who has been subject to the social security legislation of either contracting country and to the dependants and survivors of such a person. Therefore, this agreement may apply to a national of both contracting countries, a stateless person, and a refugee if they are or have been subject to the legislation of either contracting country.
- ※ For more information, you may refer to the section Agreement
Exemption from Dual Coverage
- ① In general, an employee is subject to the legislation of a contracting country in which he/she is employed.
- ② In general, a self-employed person is subject to the legislation of the country where he/she is engaged in self-employment.
- ③ A detached worker is exempt from being covered under the legislation of the country which he/she is sent to for less than 5 years if he/she is covered under the legislation of his/her home country (In the case that agencies of both contracting countries agree on, exemption period may be extended).
- ④ If a person is engaged in self-employment in both contracting countries, he/she is only subject to the legislation of the country where he/she ordinarily resides.
- ※ For more information, you may refer to the section Agreement or Guide for Exemption Application.
[ Countries that employees and the self-employed pay their contributions to ]
| Type | Work Status | Coverage |
|---|---|---|
| Employee | You are working in Belgium | |
| - for an employer in Belgium who hired you | Belgium | |
| - for an employer in Korea who sent you to work in Belgium for less than 5 years (those periods can be extended based on mutual agreement between two countries) | Korea | |
| - for an employer in Korea who sent you to work in Belgium for more than 5 years without extension of detached period | Belgium | |
| You are working in Korea | ||
| - for an employer in Korea who hired you | Korea | |
| - for an employer in Belgium who sent you to work in Korea for less than 5 years (those periods can be extended based on mutual agreement between two countries) | Belgium | |
| - for an employer in Belgium who sent you to work in Korea for more than 5 years without extension of detached period | Korea | |
| Self-employed | You are self-employed in Belgium | |
| - self-employed in Belgium | Belgium | |
| You are self-employed in Korea | ||
| - self-employed in Korea | Korea | |
| You are self-employed in both countries | ||
| - self-employed in Belgium and Korea | habitual residence |
Benefits under this Agreement
- Even though your periods of coverage in one country are not sufficient to qualify for pension benefits, you may be eligible for benefits after this Agreement has entered into force. This is possible due to totaling the coverage of both countries
- ① Korean National Pension Benefits under the Social Security Agreement
- - If you have period of coverage under the Korean National Pension Scheme but do not have enough periods of coverage (e.g., 20 years for Full Old-age pension) to qualify for pension benefits under the Korean National Pension Scheme, you may be able to qualify for Korean National Pension benefits by totaling the periods of coverage under the Korean and Belgian pension systems. However, those periods creditable under the Belgian pension system, must not coincide with the periods under the legislation of Korea.
- Your benefit is calculated by dividing the Korean periods of coverage by the total periods of coverage and then multiplying by the benefits amount (Theoretical Benefit). The benefits amount (Theoretical Benefit) is calculated based on the total periods in both countries. - ② Belgian Pension Benefits under the Social Security Agreement
- - If you have any periods under the Belgian Pension Scheme, you are eligible for old-age pension and survivors pension under the Belgian pension system without totalizing the Korean periods of coverage. Because there's no minimum period for old-age pension and survivors pension in Belgium. However, in the calculation of your benefits payable, the Belgian agency will compare the potential benefit amount obtained by totalizing periods of coverage with the amount obtained without totalizing periods of coverage and pay whichever is higher.
- You should be covered for 120 days of employment during the 6 months prior to the occurrence of invalidity to be eligible for the disability pension in Belgium. For example, the insured event occurs to a Belgian person who has 60 days of employment in Belgium and 60 days of employment in Korea, he/she would be eligible to obtain a disability pension. - ③ A national of either contracting country who resides in the other contracting country is treated equally with the national of the other contracting country in the application of the legislation of the other contracting country.
- ④ Korean lump-sum refunds are granted to Belgian nationals based on the Agreement.
However, lump-sum refunds can be paid to nationals of a third state only in accordance with the reciprocity principle under the National Pension Act. - ⑤ There is no lump-sum refund under the Belgian social security system, and as such any contribution which a Korean national paid to the Belgian social security system will be granted in monthly installments not in a lump-sum.
- ※ For more information, you may refer to the section Agreement or Guide for Exemption Application
| As regards Korea, | As regards Belgium, |
|---|---|
| (1) National Pension Service (NPS) | (1) Regarding "Exemption from Dual Coverage" - For employed person : National Social Security Office (www.onssrszlss.fgov.be) - For self-employed person : National Social Insurance Institute for the Self-Employed (www.rsvz-inasti.fgov.be) (2) Regarding "Benefits" - Old-age and survivors pensions · Federal Pensions Service (FPS) (www.sfpd.fgov.be) · National Social Insurance Institute for the Self-Employed (www.rsvz-inasti.fgov.be) - Invalidity pensions · general invalidity : National Sickness and Invalidity Insurance Institute (INAMI) (www.riziv.fgov.be) · invalidity of mariners : Relief and Welfare Fund for Mariners |
